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The Magic Cafe Forum Index » » Right or Wrong? » » Question on crediting (0 Likes) Printer Friendly Version

feher
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I'm thinking about creating an ebook but I have a couple questions.

The sleights that I use in my routines do I have to ask for permission from the creator or can I just give credit and reference of the moves?

If I take parts of routine's created by others and have combined them into a different routine so its not the same as the origanl. Do I have to get permission or is crediting with reference good?

Do I have to get a buisness tax id for selling the ebook online or just claiming the money at the end of the year good enough? if there is any.....lol

Any help would be great.

I want to do this right!!!!! and ethical
Tim
Mean people SUCK!!!!!!!
Curtis Kam
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Tim, first of all, regarding the business tax ID, what's right and/or ethical are/is beside the point. You'll want to do what's legal. Have a talk with a tax acountant in your state regarding this. You could get a better answer from a tax attorney, but it would cost a whole lot more.

Onto sleights within routines. The short version is, IMHO:

If the sleight has been explained by the creator, or by someone else with the consent of the creator, in print, audio or video, you received the right to perform the move and to use it in your own work. (let's leave TV performance rights out for now) If you have an orginal routine that uses this move, you don't have to get the creator's permission to publish your routine. However, you should credit the move in your explanation.

HOWEVER, you have not purchased the right to reproduce the orignal description of the move. I would argue that you also have not purchased the right to re-describe the move in your own words. To do either of those things, you need to ask permission.

The same applies to routines. Here, the problem of redescription is more acute, since in describing the sequence of someone else's routine, you could potentially give away the very thing the originator is selling. Here, when in doubt, ask the guy. There are ways to say what you need to say that let you express what's so good about your routine without giving away the other. (I hope that's clear--hah)
I've found that most authors are happy to hear that their ideas have stimulated new thoughts, and are very cooperative.

Okay, are those answers, or just pathways to more questions?
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feher
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Michigan
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Mr. Cam
First I would like to say thank you very much for the responds!!!!!!
I think a CPA is in order......damn.....lol
I think I know what your talking about, for example.......

If I do a routine and it uses a move lets say from you I don't have the right to explain it just because I bought your DVD but........I can make reference to the move in the ebook and give credit and reference on where to learn the move. Right?
Unless I talked to you first and you gave me permission to explain it.

What if the creator has past away...Smile. What would I do then?

Also Would the Classic palm, thumb palm, Downs Palm the basic of coin magic be explained in the book when I use them in the routines without permission? but I would have reference or credit to the creator.

Ok I'll stop for now........lol
Again thanks alot
Tim
Mean people SUCK!!!!!!!
Curtis Kam
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I think you've got it, at least regarding the scenario you just described hypothetically involving my material.

With regard to the basic moves, you first of all have to know who your ebook is written for. If it's a book for the complete beginner and you are especially good at explaining how to do the basics, then go for it. If, however, you really have nothing to offer, why bother? Most people consider the "basics" part of the information that's in the Public Domain, or at least the "Public Domain of magic" which I suggest is different. One clue is that anything published in a Dover book is probably public domain. So if it's in Modern Coin Magic (but NOT the New Modern Coin Magic) you can redescribe the move if you feel it's necessary.

In something like the classic palm, you can't credit the creator. All you can do is reference a particularly good, or perhaps a particularly early description.

Once a creator has passed away, his rights can pass to his heirs, who may not care or understand at all.

We're talking ethics here, not law. In law, there's a set time limit for copyrights after the dath of the holder, but then we're back to whether copyright protects the information in question.
Is THAT a PALMS OF STEEL 5 Banner I see? YARRRRGH! Please visit The Magic Bakery
feher
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Inner circle
Michigan
1421 Posts

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Thanks Kam!!!! I think I know what to do now. This helped alot.
I owe you one.
Tim
Mean people SUCK!!!!!!!
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